S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4243
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2019
                                ___________
 
 Introduced  by Sens. KRUEGER, LIU -- read twice and ordered printed, and
   when printed to be committed to the Committee on Cities
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation to the use of bicycles for commercial purposes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "Commercial
 Bicycle Safety Act".
   § 2. Section 10-157 of the administrative code  of  the  city  of  New
 York,  as amended by local law number 91 of the city of New York for the
 year 2017, is amended to read as follows:
   § 10-157 Bicycles used for commercial purposes.  a.  For  purposes  of
 this  section  and section 10-157.1 OF THIS CHAPTER, the following terms
 have the following meanings:
   (1) Bicycle. The term "bicycle" has the same  meaning  as  in  section
 19-176  OF THIS CODE, and also means any wheeled device propelled exclu-
 sively by human power as well as any motor-assisted device that  is  not
 capable  of  being  registered by the New York state department of motor
 vehicles.
   (2) Bicycle operator. The term "bicycle operator" means a  person  who
 delivers  packages,  parcels,  papers, FOOD OR GROCERIES, or articles of
 any type by bicycle on behalf of a business using a bicycle for  commer-
 cial purposes and who is paid by such business.
   (3)  Business using a bicycle for commercial purposes. The term "busi-
 ness using a bicycle for commercial  purposes"  means  a  person,  firm,
 partnership,  joint  venture,  association, corporation, or other entity
 that, either on behalf of itself or others, delivers packages,  parcels,
 papers,  FOOD  OR GROCERIES, or articles of any type by bicycle. Nothing
 contained in this section shall be  construed  as  applying  to  persons
 under the age of sixteen who use a bicycle only to deliver daily newspa-
 pers or circulars.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08618-01-9

 S. 4243                             2
 
   b.  A  business  using a bicycle for commercial purposes that does not
 have a site within the city that is open and  available  to  the  public
 must provide to the department of transportation, upon a form prescribed
 by the department, the following information:
   (1) the name under which such business is authorized to do business in
 the state, pursuant to the business corporation law,
   (2)  the  registered agent upon whom process against such business may
 be served and the address of such agent, or, if the business has  desig-
 nated  the  secretary  of state as its agent for receiving such process,
 the post office address to which the secretary of state may mail a  copy
 of such process, and
   (3) any other information requested by the department.
   c.  A  business using a bicycle for commercial purposes must assign to
 each of its bicycle  operators  a  three  digit  identification  number,
 except  that  the  department of transportation may promulgate a rule to
 require an identification number with four or more digits. Such business
 must issue to each of its bicycle operators an identification card  that
 contains the name, identification number and photo of the bicycle opera-
 tor and the name, address and telephone number of such business. A bicy-
 cle  operator  shall  carry such identification card while making deliv-
 eries or otherwise operating a bicycle on behalf of any such business. A
 bicycle operator shall be required to produce such  identification  card
 upon  the  demand  of an authorized employee of the police department or
 department of transportation or any other person authorized by law.
   d. A business using a bicycle for commercial purposes shall maintain a
 roster of its bicycle operators. Such roster shall include for each such
 bicycle operator: name; home address; start  date;  discharge  date,  if
 applicable; identification number; and date of completion of the bicycle
 safety  course  required  by  paragraph  three  of subdivision e of this
 section.   Such roster shall  be  made  available  for  inspection  upon
 request of an authorized employee of the police department or department
 of transportation or any other person authorized by law.
   e.  (1)  A  business  using  a  bicycle  for commercial purposes shall
 provide at its own expense or  ensure  the  availability  of  protective
 headgear  suitable  for each of its bicycle operators. Such business may
 not require any of its bicycle operators to  provide  such  headgear  at
 such operator's expense. Such headgear shall:
   (i)  meet  the  standards  set  forth  by  the consumer product safety
 commission in title 16, part 1203 of the code  of  federal  regulations;
 and
   (ii)  be  replaced  if  such  headgear is no longer in good condition.
 Headgear is no longer in good condition if it  is  missing  any  of  its
 component parts or is otherwise damaged so as to impair its functionali-
 ty.
   (2)  Each  bicycle  operator shall wear protective headgear that meets
 the requirements of paragraph  one  of  this  subdivision  while  making
 deliveries  or  otherwise  operating  a  bicycle on behalf of a business
 using a bicycle for commercial purposes. The term "wear protective head-
 gear" means having the headgear fastened securely upon the head with the
 headgear straps.
   (3) Each bicycle operator shall complete a bicycle safety course prior
 to making deliveries or otherwise operating a bicycle  on  behalf  of  a
 business  using  a bicycle for commercial purposes. For purposes of this
 section, "bicycle safety course" shall mean information provided by  the
 department  of  transportation regarding safe bicycling and adherence to
 traffic and commercial bicycle laws.

 S. 4243                             3
 
   (4) The commissioner of transportation shall post on the department of
 transportation's website  the  content  of  the  bicycle  safety  course
 required by this section.
   f. A business using a bicycle for commercial purposes, notwithstanding
 that  a  bicycle  may be provided by any of its bicycle operators, shall
 provide at its own expense or ensure that each bicycle is equipped with:
 a lamp; a bell or other device capable of giving an audible signal  from
 a  distance  of at least one hundred feet, provided however that a siren
 or whistle shall not be used; brakes; reflective tires or,  alternately,
 a reflex reflector mounted on the spokes of each wheel; as well as other
 devices  or  material  in  accordance with section [1236] TWELVE HUNDRED
 THIRTY-SIX of the vehicle and traffic law. Such business may not require
 any of its bicycle operators to provide such equipment  at  such  opera-
 tor's expense.
   g. A business using a bicycle for commercial purposes shall be respon-
 sible  for  the  compliance with the provisions of this section, SECTION
 19-176 OF THIS CODE, AND SECTIONS ELEVEN HUNDRED ELEVEN, ELEVEN  HUNDRED
 TWENTY-SEVEN,  TWELVE  HUNDRED  THIRTY-SIX,  TWELVE  HUNDRED  FORTY, AND
 TWELVE HUNDRED FORTY-ONE OF THE VEHICLE AND TRAFFIC LAW of  its  bicycle
 operators.  Violation  of  any  of the provisions of this section by any
 such business, or of any of the rules or regulations that may be promul-
 gated pursuant hereto, shall be a violation triable by a  judge  of  the
 criminal court of the city of New York and upon conviction thereof shall
 be  punishable  by a fine of not less than one hundred dollars [nor] AND
 NOT more than two hundred fifty dollars [or imprisonment  for  not  more
 than  fifteen days or both such fine and imprisonment]. In addition, any
 such business that violates any of the provisions of this section or any
 of the rules promulgated pursuant hereto shall be  subject  to  a  civil
 penalty  of  one  hundred  dollars.  Any  such  business that violates a
 provision of this section or rule promulgated pursuant hereto more  than
 thirty  days AND NOT MORE THAN TWO YEARS after such business has already
 violated the same provision or rule shall be subject  to  an  additional
 civil  penalty of two hundred fifty dollars. Such civil penalties may be
 in addition to any criminal penalty imposed, and  shall  be  recoverable
 against  such business in an action or proceeding in any court or tribu-
 nal of competent jurisdiction or the environmental control  board.    IT
 SHALL  BE  AN  AFFIRMATIVE  DEFENSE  TO A VIOLATION OF THIS SECTION BY A
 PERSON, FIRM, PARTNERSHIP, JOINT VENTURE, ASSOCIATION,  CORPORATION,  OR
 OTHER  ENTITY AS TO ANY PROVISION APPLICABLE TO A BUSINESS USING A BICY-
 CLE FOR COMMERCIAL PURPOSES, THAT SUCH PERSON OR ENTITY DID  NOT  EMPLOY
 OR  PROVIDE  DIRECT  COMPENSATION  TO  A  BICYCLE  OPERATOR,  BUT RATHER
 CONTRACTED WITH A BUSINESS OTHER THAN SUCH BICYCLE OPERATOR  TO  PROVIDE
 DELIVERY SERVICES.
   h.  Any  bicycle operator who makes deliveries or otherwise operates a
 bicycle on behalf of a business using a bicycle for commercial  purposes
 without  carrying  the  identification card required by subdivision c of
 this section, or who fails to  produce  such  identification  card  upon
 demand  pursuant  to  such  subdivision, or who fails to wear protective
 headgear required by subdivision e of this section or the  retro-reflec-
 tive  apparel required by subdivision i of this section, shall be guilty
 of a traffic infraction and upon conviction thereof shall be liable  for
 a fine of not less than twenty-five dollars nor more than fifty dollars.
 It  shall be an affirmative defense to such traffic infraction that such
 business did not provide the  protective  headgear,  the  identification
 card  or the retro-reflective apparel required by subdivisions c, e or i
 of this section. Such traffic infraction may be adjudicated by an admin-

 S. 4243                             4
 
 istrative tribunal authorized under article two-A  of  the  vehicle  and
 traffic law.
   i.  A  business  using a bicycle for commercial purposes shall provide
 for and require each of its bicycle operators to  wear,  and  each  such
 bicycle  operator  shall wear, a retro-reflective jacket, vest, or other
 wearing apparel on the upper part of such operator's body as the  outer-
 most garment while making deliveries or otherwise operating a bicycle on
 behalf  of  such  business,  the back of which shall indicate such busi-
 ness's name and such bicycle operator's individual identification number
 as assigned pursuant to subdivision c of this section in  lettering  and
 numerals  not  less than one inch in height so as to be plainly readable
 at a distance of not less than ten feet.
   j. The provisions of this section shall be enforceable by  an  author-
 ized  employee  of the police department or department of transportation
 or any other person authorized by law.
   k. A business using  a  bicycle  for  commercial  purposes  shall  not
 possess any motorized scooter and shall not permit any person to operate
 a motorized scooter on behalf of such business. A business using a bicy-
 cle  for commercial purposes shall be liable for any violation of SUBDI-
 VISION B OF section 19-176.2[(b)] OF THIS CODE committed by  any  person
 operating  a  motorized scooter on behalf of such business. For purposes
 of this section, "motorized scooter" shall  be  as  defined  in  section
 19-176.2 OF THIS CODE.
   § 3. Paragraph 1 of subdivision a of section 19-176 of the administra-
 tive code of the city of New York, as added by local law number 6 of the
 city of New York for the year 1996, is amended to read as follows:
   (1)  The  term "bicycle" shall mean a two or three wheeled device upon
 which a person or persons may ride, propelled by human power  through  a
 belt,  a  chain  or gears, with such wheels in a tandem or tricycle, AND
 SHALL ALSO MEAN ANY WHEELED MOTOR-ASSISTED  DEVICE  WHICH  A  PERSON  OR
 PERSONS MAY RIDE THAT IS NOT CAPABLE OF BEING REGISTERED BY THE NEW YORK
 STATE  DEPARTMENT  OF  MOTOR  VEHICLES, except that it shall not include
 such a device having solid tires and intended for use only on a sidewalk
 by a child.
   § 4. This act shall take effect on the one hundred fiftieth day  after
 it shall have become a law.